Residential Tenancies Act 1997

On application by a tenant, the ACAT may order a reduction in the rental rate payable under a residential tenancy agreement (a rent reduction order) if the lessor fails to ensure premises comply with a minimum housing standard in accordance with section 19B.

However, the ACAT may refuse to make an order under subsection (1) if the tenant has failed to provide the lessor with reasonable access in accordance with clause 82 of the standard residential tenancy terms.

A rent reduction order—

takes effect from the day the premises fail to comply, or no longer comply, with the minimum housing standard, or any later date stated by the ACAT; and

remains in force for the period stated by the ACAT.

The ACAT may order a lessor to pay to the tenant the difference between the rent paid and the rent payable as a result of a rent reduction order.

Any purported rental rate increase in relation to premises for which a reduction order is in force is void and any amount paid above the reduced rental rate in accordance with a purported increase is a debt owing by the lessor to the tenant.

Part 5AA Lessor’s consent in certain matters